Contentious aviation regulatory matters

Examples of contentious aviation regulatory matters we have advised on

Judicial review

• The prospects of judicial review proceedings against decisions made by public bodies.

• Represented Ryanair DAC in judicial review proceedings brought against the UK Civil Aviation Authority in the English Administrative Court relating to the Alternative Dispute Resolution (ADR) scheme administered by the UK Civil Aviation Authority relating to passenger claims.

• Acted for Ryanair DAC in the judicial review challenge of the 'Traffic Light' travel restrictions imposed by the Secretary of State for Transport during the Covid-19 pandemic. 

Enforcement / regulatory proceedings

• Defending Part 8 Enterprise Act 2002 enforcement proceedings brought against Ryanair DAC by the UK Civil Aviation Authority in the High Court (and on appeal to the Court of Appeal and UK Supreme Court) concerning Regulation (EC) No 261/2004 and the union-led strikes that affected Ryanair's operations in 2017 and 2018.

• Regularly handling claims arising out of EU and UK Regulations, and frequently advising aviation clients on the implementation and implications for their business of new and/or amended regulations.

• Acting for several airlines in relation to fines levied by the UK Border Force.

Chargebacks and refund claims during Covid-19

• Advising leading airlines in relation to refunds to passengers following the Covid-19 pandemic, including defending thousands of chargebacks issued by unauthorised online travel agents under the Visa and Mastercard scheme rules for refunds of cancelled flights.

Passenger liability

• Advising regularly on the ever-expanding scope of liability regimes and regulations, and assisting with passenger claims handling.  As well as advising on the Montreal Convention, UK and EU regulations relating to denied boarding and passengers with reduced mobility (PRMs), conditions of carriage, and UK and European consumer protection legislation, we also handle global claims like the worldwide deep vein thrombosis litigation.

Aircraft accidents and investigations

• Advising on claims handling and disputes arising from both major accidents and minor incidents in a variety of jurisdictions, and ensuing investigations.  Members of our team have previously worked on the Lockerbie disaster, and a number of other major crashes.

Greenwashing claims

• Advised a major European airline in relation to an advertising campaign highlighting the airline's environmental performance and acting for the airline in a resulting investigation by the UK’s Advertising Standards Agency.

Expertise